Work Permits Laws

Quick Legal Advice

7604047601

Vidhikarya has a vast network of Lawyers in Thane. Connecting with Lawyers through Vidhikarya is fast and cost effective. Let us know your requirement and we will get back with the best solution for your legal need.

Non-nationals of India require the appropriate form of permission from the Indian government to carry on their work. These permissions are regulated by the Work Permit Laws. There are two major visas for those non-nationals planning on working in India, they are the ‘Business Visa’ & the ‘Employment Visa’.

What are the applicable laws to the Work Permit?

Double Taxation Avoidance Agreement

1950 Indo-Nepal Treaty of Peace and Friendship – Work Visa not required for Nepal’s citizens

Passport (Entry into India) Act 1950

Registration of Foreigners Rules 1992

Foreigners Act 1946

What is Business Visa?

Business visa is given strictly to those who make business related trips to India such as making sales or establishing contact on behalf of the company outside India.

To be eligible for Business visa, applicant should satisfy the following conditions:

The applicant should be a person of assured financial standing and has expertise in the field of the intended business.

The applicant is not visiting India for the business of money lending or petty trading or for a full-time employment in India including payment of salary in India.

The applicant will have to comply with all other requirements like payment of tax liabilities etc.

The grant of Business Visa is subject to any instructions issued by the Government of India on the basis of reciprocity with other foreign countries from time to time.

What is Employment Visa?

Employment Visa (E) Employment visas are issued to foreigners who are working in India, for an organization registered in India. Employment visas are usually granted for one year, or the term of the contract. It can be extended in India.

Features of Business Visa:

There are certain conditions for fulfilment for the grant of a Business Visa. Some of them are-

Foreign national must have valid travelling documents and a re-entry permit if required under the law of the country of nationality of the applicant

Foreign national must comply with requirements such as payment of tax liabilities and other things as required by law of the land.

Grant of Business Visa is subject to any instructions issued by the Government of India on the basis of reciprocity with other foreign countries from time to time.

Foreign nationals coming to India for recruitment of manpower are eligible for Business Visa

A Business Visa can be granted for a period up to 5 years or a shorter duration as per requirement. Indian Missions abroad can grant Business Visa with 10 years validity to Nationals of the United States of America, however, it should be issued with the stipulation that each visit shall not exceed 6 months.

For Business Visas, not for a period less than 5 years, to get extension, the following should be satisfied-

Gross Sales/turnover from business activities isn’t less than Rs. 1 Crore per annum(within 2 years of setting up the business)

1st extension to be granted by the Ministry of Home Affairs, with further extensions (if required) being granted by the State Govt./ Union Territory Administration/ FRROs/ FROs. The period of extension shall not be beyond 5 years from date of issue of Business Visa.

Documents required for application for a Business Visa-

Valid travel document and a re-entry permit, if required under the law of the country concerned

Proof of financial standing and expertise in the field of intended business

Documents/papers pertaining to proposed business activity such as the registration of the company under the Companies Act, proof of registration of the firm with the State Industries Department or the Export Promotion Council concerned or any recognised promotional body in the relevant field of industry or trade etc.

Features of Employment Visa

There are certain conditions for fulfilment for the grant of an Employment Visa. Some of them are-

The applicant must be a highly skilled and/or qualified professional who is being engaged or appointed by an organization in India on contract or employment basis

Employment Visa shall not be granted for jobs for which qualified Indians are available, it shall also not be granted for routine, or clerical jobs

Foreign national must comply with legal requirements like payment of tax liabilities.

Foreign national having the employment visa must be drawing the a salary in excess of US $ 25,000 per annum with the exception of (a) Ethnic Cooks, (b) Language Teachers/Translators, (c) Staff working for an Embassy

Duration of an employment visa may be up to 5 years, multiple employments visa’s for a period of 180 days or less may be issued.

Documents required for application of Employment Visa –

Valid travel document and a re-entry permit, if required under the law of the country concerned.

Proof of the employment of the foreign by a relevant organization

Documentary proof of his educational qualifications and professional expertise

No change of employer shall be permitted during the currency of the Employment Visa within India except in respect of charge of employment between a registered holding company and its subsidiary and vice-versa or between subsidiaries of a registered holding company.

Request a Callback for Legal Help

In case you want us to call you back to understand your legal problem then please submit your details with a brief description of the legal issue that you have. We will call you back.

Successful

Your Request has been successfully taken. We will contact you soon. Thank you !

Name must be provided !

Email must be provided !

Invalid Phone Number !

Category is required !

Service is required !

Details must be provided !

Keep this field blank

Want a Quick Legal Advice From Expert Lawyer

•

Call us at this number for Legal Help at an affordable price

7604047601

Legal Advice Anytime Anywhere

The most trusted and relied upon partner for hiring lawyers for any kind of legal services.

Dynamic Computronics Private Limited (DCPL) has engaged Vidhikarya for a variety of legal services since last year. We have developed a close working relationship and they understand our needs and wor...
more

Subhasis Das

Bhubaneshwar, Orissa

It was a pleasure working with you on my last few legal needs. It is an welcome change for India towards quick, hassle-free and cost effective solution for our legal needs digitally.

Sagar Neel Choudhury

Texas, USA

I wanted to rent out my apartment in Kolkata and had to get the Rental Agreement done. The challenge was being based out of the country I did not have a trusted partner who could get the job done.Whil...
more

Amit Kumar Singh

Country Representative, Agribusiness Systems International, India

We have been taking legal services from Vidhikarya and we are glad to share that their quality of services is commendable. They maintain a high level of professionalism and have been a great support s...
more

Amresh

Singapore

Property related transaction in India can be quite tedious, time consuming and complex.I was pretty apprehensive about my purchases as being an NRI It was not possible for me to do the duediligence m...
more

Sabitri Ghosh

Nimta Kolkata

I am very satisfied with the service provided by your Lawyer.The way they handled my Motor Accident Claim Case which had been pending for 11 years at Barasat District Court,which has been completed wi...
more

Sateesh Kumar

Nagaland

I thought no one can support me but then I thought let me discuss my case with Vidhikarya.I discussed my case they supported me and they given one hope for my loss money recovery purpose.Lawyer discus...
more

Amal Krishna Sircar

Vadodara,Gujarat

Vidhikarya provided me legal services. I found them very knowledgeable, responsive with good communication skills, keeps commitment, very prompt and organized, and reasonably charged.I would highly r...
more

Himanshu Algotar

Mumbai, Maharastra

The advice from lawyer I got was very helpful.He had complete knowledge on subject matter I hadrequested, I didn’t end up paying high fees on my legal matter. The Lawyer gave me clear course of action...
more